Section 315 of the 1999 Constitution: Existing Laws and the Constitution

Existing

The 1999 Constitution

Section 315 (1)

Subject to the provisions of this Constitution, an existing law shall have effect with such modifications as may be necessary to bring it into conformity with the provisions of this Constitution and shall be deemed to be –

(Except the Constitution specifically provides, every law can be amended to be in line with what the Constitution says and shall be referred to as -)


Section 315 (1)(a)

an Act of the National Assembly to the extent that it is a law with respect to any matter on which the National Assembly is empowered by this Constitution to make laws; and

(A law made by the National Assembly under the powers they have to make such laws in the constitution.)


Section 315 (1)(b)

a Law made by a House of Assembly to the extent that it is a law with respect to any matter on which a House of Assembly is empowered by this Constitution to make laws.

(A law made by a States House of Assembly under the powers they have to make such laws in the constitution.)


Section 315 (2)

The appropriate authority may at any time by order make such modifications in the text of any existing law as the appropriate authority considers necessary or expedient to bring that law into conformity with the
provisions of this Constitution.

(Any institution with the powers to make laws can make an order to amend any law as considered necessary to be in line with what the Constitution says.)


Section 315 (3)

Nothing in this Constitution shall be construed as affecting the power of a court of law or any tribunal established by law to declare invalid any provision of an existing law on the ground of inconsistency with the provision of any other law, that is to say-

(No provision of the constitution restricts the court in declaring any existing law or parts of an existing law invalid if the law conflicts with any other law as follows; )


Section 315 (3)(a-d)

(a) any other existing law;
(b) a Law of a House of Assembly;
(c) an Act of the National Assembly; or
(d) any provision of this Constitution.

(a.) Any law which is already existing, b.) any law of a House of Assembly of a State, c.) any Act of the National Assembly or d.) any section/ schedule of the 1999 Constitution.)


Section 315 (4)

In this section, the following expressions have the meanings assigned to them, respectively –

(Explanation of terms used in this section are – )


Section 315 (4)(a)(i)

(a) “appropriate authority” means –
(i) the President, in relation to the provisions of any law of the Federation,


Section 315 (4)(a)(ii)

the Governor of a State, in relation to the provisions of any existing law deemed to be a Law made by the House of Assembly of that State, or


Section 315 (4)(a)(iii)

any person appointed by any law to revise or rewrite the laws of the Federation or of a State;


Section 315 (4)(b)

“existing law” means any law and includes any rule of law or any enactment or instrument whatsoever which is in force immediately before the date when this section comes into force or which having been passed or made
before that date comes into force after that date; and


Section 315 (4)(c)

“modification” includes addition, alteration, omission or repeal.


Section 315 (5)(a-d)

Nothing in this Constitution shall invalidate the following enactments, that is to say –
(a) the National Youth Service Corps Decree 1993;
(b) the Public Complaints Commission Act;
(c) the National Security Agencies Act;
(d) the Land Use Act,

(No provision of the constitution makes any of the following laws invalid –

a. the National Youth Service Corps Decree of 1993, b.) the Public Complaints Commission Act, c.) the National Security Agencies Act, d.) the Land Use Act. All these laws that are existing shall not be rendered invalid based on any provision or section or schedule of the 1999 Constitution.)


and the provisions of those enactments shall continue to apply and have full effect in accordance with their tenor and to the like extent as any other provisions forming part of this Constitution and shall not be altered or
repealed except in accordance with the provisions of section 9 (2) of this Constitution.

(And the laws above shall remain active and enforceable as long as they exist and in the same manner, no part of this constitution can be amended or changed or be made inactive except as stipulated in section 9 (2) of this Constitution.)


Section 315 (6)

Without prejudice to subsection (5) of this section, the enactments mentioned in the said subsection shall hereafter continue to have effect as Federal enactments and as if they related to matters included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.

(Without overlooking subsection 5, the laws above shall operate as Federal Laws like they were listed in the Exclusive Legislative List located in Part I of the Second Schedule to this Constitution.)


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